Case Digest (G.R. No. 139338)
Facts:
People of the Philippines v. Lito Egan alias Akiao, G.R. No. 139338, May 28, 2002, Supreme Court Second Division, Bellosillo, J., writing for the Court. The prosecution alleged that Lito Egan alias Akiao (accused-appellant), a 36‑year‑old Manobo man, forcibly abducted and raped Lenie T. Camad, a 12‑year‑old Manobo girl, on 6–7 January 1997. The trial court (Regional Trial Court, Branch 17, Davao City) found the accused guilty of forcible abduction with rape and sentenced him to reclusion perpetua and ordered payment of moral and exemplary damages; that decision was seasonably appealed to the Supreme Court.The facts as found at trial were that on 6 January 1997 Lenie and her cousin were fetching water when the accused appeared, threatened Lenie with a hunting knife and dragged her away, also brandishing the knife to terrify the cousin. Lenie was taken to Sitio Dalag and then to Sitio Sayawan and other sitios in Arakan, Cotabato; she was seen in those places and her father, barangay leaders and datus sought her return. For about four months the datus tried to effect a customary settlement; the accused allegedly promised to give horses (dowry/bagay) for Lenie’s hand but failed to deliver the agreed animals. When the settlement failed, Lenie was moved to Cabalantian, Bukidnon, and was rescued on 15 May 1997. She and her father filed complaints and a medico‑legal exam was obtained.
At trial the accused contended that Lenie went with him voluntarily because he had given a dowry and they were betrothed under Manobo rites; he testified they lived together and he was attempting to procure two wild horses demanded by the father. He offered a post‑event letter (Exh. 2) as proof. The prosecution presented Lenie’s testimony that she was threatened, dragged away, held at knife‑point, and was thereafter subjected to sexual acts including removal of garments, the accused “placing his penis between my legs,” and pain; however, Lenie later gave inconsistent statements about the date and place of the alleged intercourse. The medico‑legal report (Exh. A) found no extragenital injuries and an intact hymen with an orifice reportedly too small to allow complete penetration without injury.
T...(Subscriber-Only)
Issues:
- Was the prosecution able to prove beyond reasonable doubt the elements of forcible abduction with lewd designs (forcible abduction) against the accused?
- Was the prosecution able to prove beyond reasonable doubt that carnal knowledge (rape) was consummat...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)